Waukesha County Circuit Court
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Adjournments
- Absent exigent circumstances, any request for an adjournment must be made in writing, specify the reason for such request, and confirm service on all parties. The requestor should attempt to confer with all other parties and provide notice to the Court of the parties position to the request.
- Only the assigned judge or a court commissioner may adjourn a scheduled hearing.
- Jury-trial adjournments will be granted only for cause.
- +12 more
Request must include
- A request to cancel a jury trial must be made at least 48 hours before the jury date.
- A request to reschedule a Register in Probate hearing must be submitted in writing at least 48 hours beforehand; if granted, the requester must notify all parties.
- A petition for extension must be filed at least 30 days before the order expires.
- When an interpreter has been requested, the parties must notify the Court within seven calendar days of the hearing or trial if they seek an adjournment or cancellation.
- When an interpreter is requested for a court or jury trial, parties must notify the court at least seven calendar days before trial if they seek to adjourn or cancel it.
- If an interpreter was requested for a court or jury trial, the parties must notify the Court of a request to adjourn or cancel within seven calendar days of trial.
- When an interpreter has been requested, parties must notify the court at least three business days before a hearing if they seek to adjourn or cancel it.
- If an interpreter was requested for a hearing, the parties must notify the Court of a request to adjourn or cancel within three business days of the hearing.
Page & Word Limits8 rules
Facsimile documents may not exceed 15 pages, excluding the cover sheet; excess pages incur a $3.00-per-page cost unless an approved exception is certified.
- Page limit
- Up to 15 pages
Court's wording
(c) The document does not exceed 15 pages in length excluding cover sheet. A cost of $3.00 per page above the limit will be assessed unless an exception has been approved by the assigned judge or court commissioner on a case-by-case basis. The party or attorney must certify that the assigned judge or court commissioner has approved the exception to the 15-page limit;
Based on Supreme Court Order, facsimiles exceeding fifteen (15) pages per document, excluding the cover sheet, will not be accepted for filing unless the Juvenile Court Judge or Clerk of Juvenile Court authorizes more pages.
- Facsimile document
- Up to 15 pages
(2) Absent Court approval, a movant’s brief must not exceed 25 pages, a responding brief must not exceed 25 pages, and a reply brief must not exceed 10 pages (excluding any caption, cover page, table of contents, table of authorities, and signature block). The Court may disregard any briefs exceeding the permitted length, or ones that contain non-standard typeface or margins to avoid compliance with this rule.
- Movant brief
- Up to 25 pages
- Responding brief
- Up to 25 pages
- Reply brief
- Up to 10 pages
Excluded from page count
- •Caption
- •Table of contents
- •Table of authorities
- •Signature block
(c) The document does not exceed 15 pages in length excluding cover sheet. A cost of $3.00 per page above the limit will be assessed unless an exception has been approved by the Court or court commissioner on a case-by-case basis. The party or attorney must certify that the assigned judge or court commissioner has approved the exception to the 15-page limit;
- Page limit
- Up to 15 pages
- Facsimile document
The document does not exceed 15 pages in length excluding cover sheet. A cost of $3.00 per page above the limit will be assessed unless an exception has been approved by the Court or court commissioner on a case-by-case basis.
- Page limit
- Up to 15 pages
Absent Court approval, a movant’s brief must not exceed 25 pages, a responding brief must not exceed 25 pages, and a reply brief must not exceed 10 pages (excluding any caption, cover page, table of contents, table of authorities, and signature block). This rule does not apply to summary judgment briefs addressed in Civ. L. R. 3.3(9).
- Movant brief
- Up to 25 pages
- Responding brief
- Up to 25 pages
- Reply brief
- Up to 10 pages
Excluded from page count
- •Caption
- •Table of contents
- •Table of authorities
- •Signature block
Summary-judgment principal memoranda are limited to 30 pages and replies to 15 pages, with specified exclusions; the Court may allow more pages on a pre-filing motion showing cause.
- Summary judgment motions
Excluded from page count
- •Caption
- •Table of contents
- •Table of authorities
- •Signature block
Court's wording
A principal memorandum in support of, or in opposition to, summary judgment must not exceed 30 pages and a reply memorandum must not exceed 15 pages (excluding any caption, cover page, table of contents, table of authorities, and signature block). The Court may, in its discretion, allow parties to exceed the page limitations if a party for cause shown files a motion for leave to file an oversized memorandum prior to filing the party’s memorandum.
The document does not exceed fifteen (15) pages in length excluding cover sheet. A cost of $3.00 per page above the limit will be assessed unless an exception has been approved by the Judge or Court Commissioner on a case-by-case basis.
- Page limit
- Up to 15 pages
Document Format Requirements28 rules
Proposed orders, findings, or similar documents must be filed in Word format with a three-inch top margin on the first page to allow for the Court’s signature block.
Exhibits must be pre-marked and use the specified number ranges for each party or participant; each exhibit must be paginated, have at least a half-inch top margin, and be in PDF format.
- File type
Court's wording
All exhibits must be pre-marked before the hearing. Petitioner/Joint Petitioner A/Movant must utilize exhibit numbers 1-99. Respondent/Joint Petitioner B must utilize exhibit numbers 100-199. The GAL (if any) must utilize number 200-299. The State of Wisconsin, if participating, must utilize exhibit numbers 300-399. Each proposed exhibit must be paginated for ease of reference, must have at least one-half inch top margin and must be in PDF format.
It is the responsibility of the parties to display exhibits using the Court’s audio/visual technology.
Telephone or video appearances must be requested in writing and approved by the Court.
All Motions must be filed in writing, unless exempted by the Juvenile Court, and scheduled with the Juvenile Court.
Only forms adopted under the authority of, Wis. Stat. §758.18 or approved by the Juvenile Court may be used.
After faxing a document, do not mail the original to the Clerk; the signing party or attorney must retain it.
Court's wording
If correspondence or a document is transmitted by facsimile machine, original documents are not to be mailed to the Clerk of Juvenile Court office for filing. Original documents are to be maintained by the signing party or their attorney.
Remote-hearing participants must follow courtroom conduct and identification requirements, use video and audio unless excused, ensure suitable lighting and audio, avoid inappropriate backgrounds and distractions, and not record except through official court systems.
Court's wording
Remote hearings are formal court proceedings, and participants are subject to contempt of court for non-compliance with Court rules. All parties must dress and conduct themselves as if physically present in the courtroom. Parties must appear by both video and audio means unless otherwise approved by the Court. Parties, witnesses and attorneys must display their full first and last name electronically so that the Court can clearly identify each participant. Parties are responsible for ensuring appropriate lighting and audio during the hearing, and that there are no inappropriate backgrounds or distractions. Any recording of a remote hearing, other than by the court reporter or official court audio recording system is prohibited.
The Clerk of Circuit Court must maintain a complete and accurate electronic or digital copy of all evidence received at trial and, unless otherwise ordered by the Court, the offering party is responsible for producing all exhibits in electronic form.
(2) Paper Filers. Unless otherwise ordered by the Court, all proposed exhibits (other than documents used for rebuttal or impeachment) must be available in hard copy form the morning of the trial, with additional copies for the opposing side and the Court.
- File type
- Paper
- Proposed exhibits
Unless the Court orders otherwise, the offering party must produce all exhibits in electronic form.
Court's wording
(5) The Clerk of Circuit Court must maintain a complete and accurate electronic or digital copy of all evidence received at trial and, unless otherwise ordered by the Court, the offering party is responsible for producing all exhibits in electronic form.
Proposed orders, findings, or similar documents must be filed in Word format with a three-inch top margin on the first page to allow for the Court’s signature block.
Pro Se Paper Filers: Document(s) must be filed with the Clerk of Circuit Court’s office in an envelope marked “SEALED”.
- Self-represented parties
Unless otherwise ordered by the Court, all proposed exhibits must be received in hard copy form no later than 48 hours before the beginning of the trial by the Register in Probate.
- File type
- Paper
- Proposed exhibit
Proposed orders, findings, or similar documents must be filed in Word format with a three-inch top margin on the first page to allow for the Court’s signature block.
- Margins
- Top 3 inches
- Proposed order
- Proposed findings
- Similar document
Pro Se Paper Filers: Document(s) must be filed with the Clerk of Circuit Court’s office in an envelope marked “SEALED”.
- Self-represented parties
Formatting
- •Paper-filed sealed documents must be submitted in an envelope marked “SEALED”
The notice of motion must include the following language in all capital letters and bold type:
Proposed orders, findings, or similar documents must be filed in Word format with a three inch top margin on the first page to allow for the Court’s signature block.
- Margins
- Top 3 inches
- Proposed order
- Findings
- Similar document
Formatting
- •File in Word format
Unless otherwise ordered by the Court, the offering party is responsible for producing all exhibits in electronic form.
Placement providers only are granted the option to appear by zoom, unless they are providing testimony.
Court staff will not play any type of media or otherwise connect any technology to courtroom computers.
After filing a document by fax, do not file additional copies; the transmitting party or attorney must retain the originals.
- Facsimile document
Formatting
- •The transmitting party or attorney must maintain the original documents
Court's wording
(4) If a document is transmitted by facsimile machine, no additional copies may be filed with the Clerk of Circuit Court. The Clerk of Circuit Court will discard all duplicate papers subsequently received by the Clerk of Circuit Court, Court, or court commissioner. Original documents are to be maintained by the transmitting party or his/her attorney.
The Court may disregard any briefs exceeding the permitted length, or ones that contain non-standard typeface or margins to avoid compliance with this rule.
All papers submitted will be typed or legibly handwritten.
Wills filed for safekeeping under Wis. Stat. §853.09 must be filed in a sealed envelope. On the envelope the filer must write the name and address of the testator, the date of deposit, and the date of birth of the testator.
Papers must use 8½-by-11-inch paper and be printed on one side, except for the listed documents and two-sided model court forms.
- File type
- Paper
- Paper size
- Letter
Formatting
- •Paper-size exceptions: Wills, deeds, certified death certificates, and exhibits
Court's wording
All papers will be filed on 8 1/2" by 11" paper with the exception of Wills, deeds, certified death certificates or exhibits. All papers will have printing on only one side with the exception of two-sided model court forms.
The Court may disregard any briefs exceeding the permitted length, or ones that contain non-standard typeface or margins to avoid compliance with this rule.
- Brief
Formatting
- •Do not use non-standard typeface or margins to avoid the page limit
The Court may order original exhibits and specified physical evidence to be maintained in their filed condition by the offering party or another custodian.
Court's wording
The Court in its discretion may order that originals of any exhibit, including, but not limited to, large exhibit(s) (charts, models, maps, etc.), original deposition transcripts, and non-documentary physical evidence received at trial be maintained in the condition filed by the party offering the exhibit(s) or by some other person or vendor.
Document Filing Requirements100 rules
Orders to Show cause must be approved by a judge or court commissioner.
An order establishing or modifying child support, family support or maintenance payments must be accompanied by the current name and address of the payor’s employer together with any other information needed for an income assignment.
A motion or Order to Show Cause seeking to establish or modify child support, family support and/or maintenance must contain language requiring both parties to file prior to the hearing date a completed Financial Disclosure Statement/Income and Expense Statement with verification of income.
When the GAL’s bill exceeds 75% of the ordered deposit amount, the GAL must send a letter to the Court with an affidavit setting forth the fees and a current billing statement.
A stipulated Temporary Order addressing support or maintenance must include the parties' addresses, employer information, minor children's names and birth dates, and statutory language; Social Security numbers must be in a confidential addendum or otherwise provided.
Court's wording
A stipulated Temporary Order providing for child support, family support and/or maintenance must contain the following information: the current addresses of both parties, the names and addresses of the parties' employers, the names, and birth dates of any minor children, and the language required by §767.58 and §767.57, Wis. Stats. The Social Security numbers of the parties and affected children must be on file in a confidential addendum, or otherwise provided.
Final Marital Settlement Agreements must be appended to the Judgment of Divorce and must be incorporated by reference therein.
If the child is pursuing high school at age 18, an updated signed school letter on school letterhead stating enrollment, attendance, and expected graduation must be provided to the child support office before the birthday.
Court's wording
If the child is still pursuing a high school education at the time of his/her 18th birthday, the child support agency must be provided with an updated and signed letter from the child's school, on school letterhead, stating the child is enrolled and attending classes, as well as the date of expected graduation. This letter must be provided to the child support office before the child's 18th birthday.
An attorney seeking inclusion on the GAL appointment list must submit all required paperwork.
Court's wording
Any attorney who wishes to be included on this list must contact the Clerk of Courts Office to obtain the most current Waukesha County Circuit Courts Court Appointed Counsel Agreement and Compensation Agreement and submit all the required paperwork to be added to the list of attorneys.
An objecting party must file an alternative proposed version with a cover letter identifying the basis for the objection.
Court's wording
If there is no agreement on the form of the proposed submission, within eleven (11) calendar days from the date the proposed submission is filed any party objecting to it must file an alternative proposed version, along with a cover letter identifying the basis for the objection.
All motions and Orders to Show Cause must contain on the first available page a statement identifying the relief sought and the legal justification for the requested relief.
A written interpreter request on state form GF-149 must be submitted 10 business days before the hearing.
Court's wording
(1) If a party or witness needs the assistance of an interpreter for a hearing, the party or his/her attorney or the party calling the witness must submit a written request using state form GF-149 for an interpreter ten (10) business days in advance of the hearing to permit the retention and appearance of an interpreter.
The petitioner or the petitioner's attorney must draft and file the Findings, Conclusions, and Judgment within 30 days after judgment, unless the parties agree otherwise.
Court's wording
The Findings of Fact, Conclusions of Law and Judgement of Divorce, Legal Separation, or Annulment must be drafted by the petitioner or petitioner’s attorney, unless mutually agreed otherwise, and must be submitted to the Court and filed with the Family Clerk of Court within thirty (30) days after judgment is granted.
Absent good cause, parties must file a Financial Disclosure Statement with the court before the Pretrial Conference, as per the Pretrial Order and Wisconsin Statutes.
If there is not an attorney, FCS will send the Court the signed agreement and a proposed order for signature and filing.
- Document
- Mediation submission
Include
- •Proposed order
Additionally, the author of the report shall appear at the adoption hearing, unless excused by the Court.
A GAL or Advocate Counsel requesting juvenile DHHS records must provide the Department a copy of the appointment order before receiving verbal or written information.
Court's wording
In order to comply with HIPAA, requests for Department of Health and Human Services records in Juvenile matters Guardian ad Litem or Advocate Counsel are required to provide a copy of the Order Appointing GAL/Advocate Counsel to the Department before they will share any verbal or written information with you.
All motions must state the relief sought, and the legal and factual basis.
Guardianship of the minor estate petitions must be filed as a separate probate case.
Shall be completed by the party seeking to waive fees due to financial inability to pay.
An objection or answer to an interrogatory, request to produce a document, or request for admission must reproduce the request to which it refers.
Unless noted on the petition, if a party or witness needs the assistance of an interpreter for a hearing, state form GF-149 Interpreter Request must be filed with the Court sufficiently in advance of the hearing.
Emergency, Temporary, Limited and Full Guardianship Petitions for the same child must be filed separately as independent cases.
All bills must be accompanied by an affidavit of payment form.
The petitioner is responsible for the coordination and payment of this study.
The required discovery-motion affidavit must report unsuccessful consultation and identify its date, place, and participants.
Court's wording
All Motions to compel discovery or production of documents pursuant to Wis. Stats. §804, or any motion to serve additional interrogatories pursuant to Rule 3.3 must be accompanied by an affidavit by the movant that, after consultation in person or by telephone with the opposing party and sincere attempts to resolve their differences, the parties are unable to reach an accord. The statement shall recite, in addition, the date and place of such consultation and the names of all parties participating therein.
Defendants must complete and submit Financial Disclosure Statements if requesting time to pay their monetary penalties and other monetary conditions of a sentence or disposition.
An objecting party must file an alternative proposed version with a cover letter identifying the basis for the objection.
Court's wording
If there is no agreement on the form of the proposed submission, within eleven (11) calendar days from the date the proposed submission is filed any party objecting to it must file an alternative proposed version, along with a cover letter identifying the basis for the objection.
A motion to restrict access or seal confidential material must certify that the parties conferred in good faith to avoid the motion or limit its scope.
- Document
- Motion to restrict or seal
Must include
- •Certificate of conference
Court's wording
(4) Any party seeking to restrict access to documents or materials or to file confidential documents or materials under seal, whether pursuant to a court-approved protective order or otherwise, must include in the motion a certification that the parties have conferred in a good faith attempt to avoid the motion or to limit the scope of the documents or materials subject to sealing under the motion.
When a Court modifies bail, the defendant must immediately sign a new bail bond.
Unless otherwise agreed, all bail motions must be in writing, comply with victim’s rights, and filed and served at least two (2) business days prior to being heard.
Absent good cause, no motion will be scheduled for hearing prior to it having been filed in writing with the Court.
A party, attorney, or witness-calling party needing an interpreter must submit a written request on state form GF-149 sufficiently in advance for an interpreter to be retained and appear.
Court's wording
(1) If a party or witness needs the assistance of an interpreter for a hearing, the party or his/her attorney or the party calling the witness must submit a written request using state form GF-149 for an interpreter sufficiently in advance of the hearing to permit the retention and appearance of an interpreter.
The Notice of Hearing will state whether a hearing is scheduled to occur via video or telephone conferencing.
The filing party must tell the Court in writing whether the other parties approve the document or whether it is filed under the 11-day rule.
Court's wording
A party filing a proposed order, findings or similar document must serve all parties with the document and advise the Court in writing whether the other parties approve the document or that it is filed under the 11-day rule contained herein.
Filing & Service rules
Electronic Filing Rules
Proposed exhibits for hearings must be e-filed with the Clerk and made available by filing or by providing copies to the opposing side at least 2 business days beforehand.
For all matters scheduled for hearing, all proposed exhibits must be e-filed with the Clerk of Courts office and made available by such filing or by providing copies to the opposing side at least 2 business days in advance.
Civil cases
Page 1 | Rule 2: Motion Hearings
Unless the Court orders otherwise, mandatory and voluntary eFilers must eFile all exhibits through the File Exhibit link before the hearing.
Unless otherwise ordered by the Court, all exhibits shall be eFiled prior to a hearing via the File Exhibit link in the Circuit Court eFiling system.
The Clerk of Circuit Court does not accept filings by email.
The Clerk of Circuit Court does NOT accept filings sent by email.
For an in-person hearing, a request to appear by Zoom or telephone must be eFiled and granted unless a court official previously approved it on the record.
If the hearing is to be in person, a request to appear via zoom or telephone must be eFiled and granted by the Court, unless previously approved by a court official on the record.
A fax sent through a non-court agency, party, or company for delivery to the Clerk is accepted only if it complies with this rule or is approved and certified as specified.
(2) Facsimile documents transmitted to a non-court agency, party, or company for the receipt, transmittal, and delivery to the Clerk of Circuit Court will be accepted for filing only if the transmission complies with this local rule or has been approved by the Court or court commissioner and certified by the transmitting party or attorney.
Page 1 | Rule 1.4 Facsimile Transmission of Document to the Court
Unless the Court orders otherwise, mandatory and voluntary e-filers must e-file proposed exhibits other than rebuttal or impeachment documents through the File Exhibit link by the morning of trial.
(1) Mandatory/Voluntary eFilers. Unless otherwise ordered by the Court, all proposed exhibits (other than documents used for rebuttal or impeachment) must be eFiled no later than the morning of trial via the File Exhibit link in the Circuit Court eFiling system.
Page 1 | Rule 3.3 Exhibits
The court will not accept filings by email.
The Court will NOT accept any filings by email.
Unless the court orders otherwise, e-filers must e-file proposed exhibits through the specified link at least 48 hours before trial begins.
Unless otherwise ordered by the Court, all proposed exhibits must by eFiled no later than 48 hours before the beginning of trial via the “Pre-file hearing exhibit” link in the Circuit Court eFiling system.
Attorneys must electronically file all filings.
Attorneys are required to eFile all filings.
Unless the Court orders otherwise, paper filers must deliver proposed exhibits in hard copy by mail or in person at least 48 hours before trial.
Unless otherwise ordered by the Court, all proposed exhibits must be received in hard copy form no later than 48 hours before the beginning of the trial via mail to Waukesha Clerk of Circuit Court, Civil Division, 515 W. Moreland Blvd, Waukesha, WI 53188, or in person at the Waukesha County Courthouse, 515 W. Moreland Blvd.
Civil cases
The Clerk of Circuit Court does not accept filings sent by email.
The Clerk of Circuit Court does NOT accept filings sent by email.
Civil cases
Parties must comply with the cited statutes governing case filing and electronic filing, subject to exceptions in these rules.
Except as otherwise provided herein, parties must comply with Wis. Stat. §801.16 and §801.18 regarding case filing and electronic filing procedures.
Civil cases
Unless the Court orders otherwise, e-filers must submit proposed exhibits through the Circuit Court e-filing system’s File Exhibit link at least 48 hours before trial.
Unless otherwise ordered by the Court, all proposed exhibits must be eFiled no later than 48 hours before the beginning of trial via the File Exhibit link in the Circuit Court eFiling system.
Civil cases
A facsimile filing is accepted only if the submitting party is neither a voluntary eFiler nor required to use the electronic filing system.
(a) The party submitting the document to the Court is not a voluntary eFiler or an individual required to use the electronic filing system pursuant to Wis. Stat §801.18(3);
Civil cases
Page 1 | Rule 1: Filing, Assignment, & Scheduling
Direct fax filing is available only to a party that is neither a voluntary eFiler nor required by statute to use electronic filing.
(a) The party submitting the document to the Court is not a voluntary eFiler or an individual required to use the electronic filing system pursuant to Wis. Stat §801.18(3);
Page 1 | Rule 1.4 Facsimile Transmission of Document to the Court
Direct fax filings are accepted only when all stated eligibility and submission conditions are met.
Facsimile documents transmitted directly to the Court will be accepted for filing only if all the following criteria are met:
Direct fax filing is permitted only for a party who is neither a voluntary eFiler nor an individual required to e-file.
A facsimile document transmitted directly to the Court will be accepted for filing only if all the following criteria are met: (a) The party submitting the document to the Court is not a voluntary eFiler or an individual required to use the electronic filing system pursuant to Wis. Stat §801.18(3);
Civil cases
Self-represented litigants need not e-file, but are encouraged to do so if possible.
Pro se litigants are not required to eFile but are encouraged to eFile if possible.
Filing Timing and Cure Windows
The school letter must be provided to the child support office before the child's 18th birthday.
This letter must be provided to the child support office before the child's 18th birthday.
Civil cases
Page 1 | Rule 3: Income Assignments
The Findings, Conclusions, and Judgment must be submitted to the Court and filed with the Family Clerk within 30 days after judgment is granted.
The Findings of Fact, Conclusions of Law and Judgement of Divorce, Legal Separation, or Annulment must be drafted by the petitioner or petitioner’s attorney, unless mutually agreed otherwise, and must be submitted to the Court and filed with the Family Clerk of Court within thirty (30) days after judgment is granted.
Civil cases
Page 1 | Rule 5: Findings of Fact Conclusions of Law, and Judgment
If the parties disagree about the proposed submission, an objecting party must file an alternative version and a cover letter stating the basis for the objection within 11 calendar days after filing.
If there is no agreement on the form of the proposed submission, within eleven (11) calendar days from the date the proposed submission is filed any party objecting to it must file an alternative proposed version, along with a cover letter identifying the basis for the objection.
Civil cases
Page 1 | Rule 9: Submission of Orders and Judgments
A Motion for a De Novo hearing must be filed within 20 calendar days after the commissioner's oral decision or, if no oral decision was given, mailing of the written decision or order.
A Motion for a De Novo hearing must be filed within twenty (20) calendar days of the oral decision of the court commissioner, or within twenty (20) calendar days of the mailing of a written decision or order by the court commissioner if the decision or order was not given orally by the court commissioner at the time of the hearing.
Civil cases
Page 1 | Rule 2: Motion Hearings
An interpreter request must be submitted at least 10 business days before the hearing.
(1) If a party or witness needs the assistance of an interpreter for a hearing, the party or his/her attorney or the party calling the witness must submit a written request using state form GF-149 for an interpreter ten (10) business days in advance of the hearing to permit the retention and appearance of an interpreter.
Civil cases
Page 1 | Rule 1: Filing, Assignment, & Scheduling
A party may object to the court-appointed appraiser's report and hire its own appraiser by giving written objection and notice to the Court and opposing party within 15 days after receiving the report.
A party may object to the report of the court-appointed appraiser and hire the party’s own appraiser, provided written objection and notice is given to the court and the opposing party within fifteen (15) days after receipt of the court-appointed appraiser's report.
Civil cases
Page 1 | Rule 8: Appraisals
An exhibit not clearly marked and filed at least 2 business days before the hearing will not be considered absent good cause.
Any exhibit not clearly marked and filed within two business days in advance of the hearing date WILL NOT BE CONSIDERED absent a showing of good cause.
Civil cases
Page 1 | Rule 2: Motion Hearings
After-hours facsimile filings made by 11:59 p.m. CST are filed that day; submissions after 11:59 p.m. are filed the next business day.
(5) Pursuant to Wis. Stat. §801.16(2)(f), documents filed by facsimile transmission completed after regular business hours of the Clerk of Circuit Court’s office are considered filed on a particular day if the submission is made by 11:59 pm CST, as recorded by the Clerk of Circuit Court’s facsimile machine. Documents submitted by facsimile transmission after 11:59 pm are considered filed the next business day.
Civil cases
Page 1 | Rule 1: Filing, Assignment, & Scheduling
Objections filed after the 11-calendar-day period are forfeited absent good cause.
Absent good cause, objections filed after expiration of eleven (11) calendar days are forfeited.
Civil cases
Page 1 | Rule 9: Submission of Orders and Judgments
In-person filings are accepted at the Juvenile Court Office from 8:00 AM to 4:30 PM Monday through Friday, except Waukesha County-observed holidays.
Documents will be accepted for in person filing at the Juvenile Court Office (521 Riverview Avenue, Waukesha, WI 53188 - not the main courthouse) between 8:00 AM and up to 4:30 PM, Monday through Friday, excluding holidays observed by Waukesha County
TPR filings are permitted only after the child’s birth.
Filings are only permitted after birth.
Unless the Court orders otherwise, paper-filed exhibits must be received no later than 48 hours before the hearing begins.
Unless otherwise ordered by the Court, all exhibits shall be received by the Court no later than 48 hours before the beginning of the hearing.
Fax filings are deemed filed when transmitted, but transmissions completed after the Clerk’s regular business hours are deemed filed the next business day, subject to statutory time-limit exceptions.
Papers filed by facsimile transmission are considered filed when transmitted, except that papers filed by facsimile transmission completed after regular county business hours of the Clerk of Juvenile Court office are considered filed the next business day. EXCEPTION: Those time limits which are covered by statute.
Department-prepared dispositional reports must be filed 72 hours before the hearing unless a statute dictates otherwise.
Dispositional reports prepared by the Department will be filed with the Court 72 hours prior to the scheduled dispositional hearing, or as dictated by statute.
An agency home study must be filed before the Court hearing.
An agency home study must be filed prior to the hearing before the Court.
All documents necessary for an adoption hearing must be filed at the Juvenile Court office at least 48 hours beforehand; the Court may remove a matter with missing documents without further notice.
All documents which are necessary for the hearing must be filed in the Juvenile Court office no later than 48 hours prior to the hearing. If any documents are missing, the Court reserves the right to remove the matter from the calendar without further notice.
Interim bills may be submitted no more often than quarterly, and final bills are due within 30 days after discharge.
The Guardian ad Litem or Advocate Counsel must submit interim bills no more frequently than quarterly. Final bills must be submitted within 30 days of discharge.
A detention or further review hearing must be requested by telephone or in writing no later than 10:00 AM on the hearing date.
Anyone requesting a detention hearing or a further review hearing must request the hearing telephonically or in writing no later than 10:00 a.m. on the date of the hearing.
Unless otherwise agreed, bail motions must be filed at least two business days before the hearing.
Unless otherwise agreed, all bail motions must be in writing, comply with victim’s rights, and filed and served at least two (2) business days prior to being heard.
Page 1 | Rule 5.1 Bail Motions
If the parties disagree on the proposed document’s form, an objecting party must file an alternative version and a cover letter stating the objection’s basis within 11 calendar days of filing; absent good cause, late objections are forfeited.
If there is no agreement on the form of the proposed submission, within eleven (11) calendar days from the date the proposed submission is filed any party objecting to it must file an alternative proposed version, along with a cover letter identifying the basis for the objection. Absent good cause, objections filed after expiration of eleven (11) calendar days are forfeited.
Page 1 | Rule 1.3 Submission of Proposed Order, Findings or Similar Document
Unless the assigned judge orders otherwise, motions must be filed no later than 60 days after arraignment and scheduled for hearing before trial.
(1) Unless otherwise ordered by the assigned judge, all motions must be filed with the Court in conformance with the statutes but, in any event no later than sixty (60) days after arraignment, and must be scheduled to be heard prior to trial.
Page 1 | Rule 2.4 Motions Before Trial
Proposed exhibits subject to the e-filing requirement must be e-filed no later than the morning of trial.
(1) Mandatory/Voluntary eFilers. Unless otherwise ordered by the Court, all proposed exhibits (other than documents used for rebuttal or impeachment) must be eFiled no later than the morning of trial via the File Exhibit link in the Circuit Court eFiling system.
Page 1 | Rule 3.3 Exhibits
Service and Proof of Service Rules
A party-retained appraiser's report must be furnished to the other parties at least 30 days before trial unless the Court orders otherwise.
The report of a party-retained appraiser must be furnished to the other party(s) at least thirty (30) days prior to the commencement of the trial or as otherwise ordered by the Court.
Civil cases
Page 1 | Rule 8: Appraisals
An adjournment request must confirm service on all parties.
Absent exigent circumstances, any request for an adjournment must be made in writing, specify the reason for such request, and confirm service on all parties.
Civil cases
Page 1 | Rule 1: Filing, Assignment, & Scheduling
A copy of the school letter must be provided to every other party under the local eleven-day rule.
A copy of the letter must be provided to any other party under the local eleven-day rule.
Civil cases
Page 1 | Rule 3: Income Assignments
A party may call the court-appointed appraiser at its own expense but must give the other parties written notice at least 30 days before trial.
Any party may, however, call the court-appointed appraiser to testify at that party’s own expense. If calling the appraiser at trial, the party must give written notice to the other party(s) at least thirty (30) days prior to trial.
Civil cases
Page 1 | Rule 8: Appraisals
A party filing a proposed order, findings, or similar document must serve all parties and advise the Court in writing whether they approve or the document is filed under the 11-day rule.
A party filing a proposed order, findings or similar document must serve all parties with the document and advise the Court in writing whether the other parties approve the document or that it is filed under the 11-day rule contained herein.
Civil cases
Page 1 | Rule 9: Submission of Orders and Judgments
Proof of service for pleadings must be filed with the family division office within the statutory time limit.
Proof of service of pleadings must be filed with the family division office within the statutory time limit.
Civil cases
Page 1 | Rule 1: Filing, Assignment, & Scheduling
If the respondent is unrepresented, the petitioner must submit the Findings, Conclusions, and Judgment for approval by countersignature under the eleven-day rule.
If the respondent is not represented by an attorney, the petitioner must submit the Findings of Fact, Conclusions of Law and Judgment of Divorce to the respondent for approval by countersignature under the eleven-day rule.
Civil cases
Page 1 | Rule 5: Findings of Fact Conclusions of Law, and Judgment
When the respondent is represented, the Findings, Conclusions, and Judgment must be submitted to the respondent's attorney for approval before filing.
If the respondent is represented by an attorney, the Findings of Fact, Conclusions of Law and Judgment of Divorce must be submitted to the respondent’s attorney for approval prior to filing with the Court.
Civil cases
Page 1 | Rule 5: Findings of Fact Conclusions of Law, and Judgment
Proposed exhibits must be made available to the opposing side by filing or by providing copies at least 2 business days before the hearing.
For all matters scheduled for hearing, all proposed exhibits must be e-filed with the Clerk of Courts office and made available by such filing or by providing copies to the opposing side at least 2 business days in advance.
Civil cases
Page 1 | Rule 2: Motion Hearings
A party exercising the option to object and hire its own appraiser must provide written notice to the Court and opposing party.
A party may object to the report of the court-appointed appraiser and hire the party’s own appraiser, provided written objection and notice is given to the court and the opposing party within fifteen (15) days after receipt of the court-appointed appraiser's report.
Civil cases
Page 1 | Rule 8: Appraisals
In privately filed CHIPS or JIPS actions, Corporation Counsel must be added as a party, DHHS as a notice recipient, and both must receive the petition.
For all privately filed CHIPS or JIPS actions, Waukesha County Corporation Counsel will automatically be added as a party, Waukesha County Department of Health and Human Services will be added as a notice recipient, and both will be provided a copy of the petition.
The filing party must serve all parties or their attorneys of record and must also serve Waukesha County DHHS when it is involved.
The filing party is responsible for serving a copy of the document upon all parties to the matter, or their attorneys of record, additionally if there is Waukesha County Department of Health and Human Services involvement they are also to be served- they do not have access to the eFiling system.
Parties who have not opted into electronic filing must be served in compliance with Wis. Stat. §801.14.
Service on parties who have not opted into the electronic filing system must comply with the requirements of Wis. Stat. §801.14.
Discovery documents not filed with the assigned judge must be served on other counsel or unrepresented parties and include a certified proof-of-service statement with the service date, manner, and recipients.
All discovery documents not filed with the assigned judge pursuant to Wis. Stats §804.01(6) shall be served on all other counsel of record and/or parties not represented by counsel of record and shall contain proof of service in the form of a statement of the date and manner of service and of the names of the persons served, certified by the person who made service.
The movant must serve the motion on all parties, their attorneys of record, statutorily required recipients, and involved Waukesha County DHHS.
The movant is responsible for serving a copy of the document upon all parties to the matter, their attorneys of record, and anyone else required by statute. Additionally if there is Waukesha County Department of Health and Human Services involvement they are also to be served.
Electronic filing constitutes service on parties who opted into the system, subject to statutory and rule-based exceptions.
EFiling a document electronically will constitute service on all parties who have opted into the electronic filing system, except as otherwise provided in the statutes or these rules.
Unless otherwise agreed, bail motions must be served at least two business days before the hearing.
Unless otherwise agreed, all bail motions must be in writing, comply with victim’s rights, and filed and served at least two (2) business days prior to being heard.
Page 1 | Rule 5.1 Bail Motions
Absent good cause, failure to file exhibits as required or provide copies to opposing parties at or before filing may result in the exhibits not being admitted or considered.
(3) Absent good cause, failure to file exhibits as specified above or in a court order, and the failure to provide copies of the proposed exhibits to the opposing party(ies) at or before the time filed with the Court may result in the proposed exhibit(s) not being admitted or considered by the Court.
Page 1 | Rule 3.3 Exhibits
The filing party must serve the document on all parties and advise the Court in writing whether the other parties approve it or it is filed under the 11-day rule.
A party filing a proposed order, findings or similar document must serve all parties with the document and advise the Court in writing whether the other parties approve the document or that it is filed under the 11-day rule contained herein.
Page 1 | Rule 1.3 Submission of Proposed Order, Findings or Similar Document
The filer must serve all parties and inform the court in writing whether they approve the proposed document or it is filed under the 11-day rule.
A party filing a proposed order, findings, or similar document must serve all parties with the document and advise the Court in writing whether the other parties approve the document or that it is filed under the 11-day rule contained herein.
Failure to file exhibits as required or provide copies to opposing parties by the time of filing may result in the exhibits not being admitted or considered.
Failure to file exhibits as specified above or in a court order, or failure to provide copies of the proposed exhibits to the opposing party(ies) at or before the time filed with the Court, may result in the proposed exhibit(s) not being admitted or considered by the Court.
The filing party must serve all interested parties and their attorneys; e-filing serves opted-in parties, while service on non-opted-in parties must comply with Wis. Stat. §801.14, and service should occur without delay after filing.
As required by Wisconsin Statutes, the party submitting a paper to the Court for filing is responsible for serving a copy of the paper upon all interested parties to the matter and their attorneys of record. eFiling a document will constitute service on all parties who have opted into the electronic filing system, except as otherwise provided in the statutes or these rules. Service on parties who have not opted into the electronic filing system must comply with the requirements of Wis. Stat. §801.14. Service on parties should be accomplished in a manner that ensures, to the extent possible, that there is no period of delay between the filing of documents and service of those documents on the parties.
Filing Fees and Waivers
A post-judgment motion or Order to Show Cause is scheduled for a hearing after payment of the applicable statutory fee.
A Post-Judgment Motion or Order to Show Cause will be scheduled for a hearing after payment of the appropriate statutory fee.
Civil cases
Page 1 | Rule 2: Motion Hearings
Copies of pleadings must be accompanied by the applicable statutory fee.
Copies of pleadings must be accompanied by the payment of the appropriate statutory fee.
Civil cases
Page 1 | Rule 1: Filing, Assignment, & Scheduling
An income assignment issues upon application for IV-D services in child support cases, or after payment of the processing fee in a Non IV-D or maintenance-only case.
An income assignment will issue upon application for IV-D services in child support cases, or if a Non IV-D/maintenance only case, upon payment of the income withholding processing fee to the Child Support Division.
Civil cases
Page 1 | Rule 3: Income Assignments
Mediation and family-study fees must be paid before services unless waived or otherwise ordered; the Court may offer payment plans.
Fees for mediation and a family study involving legal custody and/or physical placement are established by statute and County Board Ordinance. The current amounts will be available on the Clerk of Court’s website or by calling the clerk’s office. Fees must be paid before services are provided, unless waived or otherwise ordered by the Court. Payment plans may be offered by the Court.
Civil cases
Page 1 | Rule 6: Family Court Services
At TPR filing, a petitioner other than Waukesha County or the State of Wisconsin must pay the Court-determined $500 initial GAL-fee deposit to the Clerk.
A Petitioner other than Waukesha County, or the State of Wisconsin, shall pay a $500 deposit determined by the Court to the Clerk of the Juvenile Court as an initial deposit for GAL fees at the filing of the TPR.
A fee payable to State of Wis. Vital Records is collected for a new birth certificate for a child born in Wisconsin.
A fee made payable to "State of Wis. Vital Records " for the child's new birth certificate will be collected for any child born in the State of Wisconsin.
The jury fee must be paid within 10 days after the jury-demand period or by the Court-set deadline; late payment may waive a jury trial.
The jury fee must be paid within 10 days of the period of time permitted to demand a jury trial or as set by the Court. Untimely payment may constitute a waiver of jury trial.
A fee waiver requires approval by the Judge.
Fees can only be waived if approved by the Judge.
All statutory filing fees and local forms fees must be paid in full before the court accepts any paper.
All statutory filing fees and local forms fees must be paid in full prior to the acceptance of any paper by the Court. Information on the current fees is available from the Register in Probate’s office.
A jury demand and jury fees must meet their applicable deadlines; no jury trial is scheduled until fees are paid, and untimeliness waives a jury trial absent good cause.
A jury demand can be made at any time prior to the deadline included in the Wisconsin Statutes or scheduling order. Jury fees must be paid by the date established by the Court. A jury trial will not be scheduled until the jury fees are paid. Absent good cause, an untimely jury demand or untimely payment of jury fees will constitute a waiver of trial by jury.
Jury fees must be paid by the date specified in the scheduling order.
Jury fees are due by the date specified in the scheduling order.
Civil cases
All statutory filing fees must be paid in full before the Clerk will accept a document for filing.
All statutory filing fees must be paid in full before the Clerk of Circuit Court will accept the document for filing.
Civil cases
A plaintiff requesting mail service must pay the statutory fee for each defendant to be served by mail.
Plaintiff must file with the Clerk of Circuit Court an affidavit of no personal service along with a request for mail service under Wis. Stat. §799.12(3) and provide the Clerk of Circuit Court the appropriate number of copies of the summons and complaint for the number of defendants to be served, along with the statutory fee for each defendant to be served by mail.
Civil cases
Each facsimile page above the 15-page limit costs $3.00 unless the judge or commissioner approves an exception and the party or attorney certifies that approval.
A cost of $3.00 per page above the limit will be assessed unless an exception has been approved by the assigned judge or court commissioner on a case-by-case basis. The party or attorney must certify that the assigned judge or court commissioner has approved the exception to the 15-page limit;
Civil cases
Page 1 | Rule 1: Filing, Assignment, & Scheduling
A $3.00 cost per page above the 15-page fax limit will be assessed unless the Court or court commissioner approves an exception.
(c) The document does not exceed 15 pages in length excluding cover sheet. A cost of $3.00 per page above the limit will be assessed unless an exception has been approved by the Court or court commissioner on a case-by-case basis. The party or attorney must certify that the assigned judge or court commissioner has approved the exception to the 15-page limit;
Page 1 | Rule 1.4 Facsimile Transmission of Document to the Court
Court-file copies will not be faxed until the appropriate costs are paid in advance, and faxing cannot be used to avoid statutory photocopy costs.
Copies of documents from court files will not be transmitted by facsimile machine without the appropriate costs being received in advance. The facsimile machine is not to be utilized in an effort to avoid payment of statutory photocopy costs.
The filing fee must be paid for the specified formal-closing method.
paying the filing fee
The inventory filing fee must be paid when using the specified method to close an insolvent informal administration.
pay the inventory filing fee
Additional statutory fees for property omitted from the original inventory must be paid when an annual account, final account, or amended inventory is filed.
Additional statutory filing fees for added property not reflected on an original inventory must be paid when filing an annual account, a final account, or amended inventory.
Each fax page above the 15-page limit incurs a $3 charge unless an exception is approved.
A cost of $3.00 per page above the limit will be assessed unless an exception has been approved by the Judge or Court Commissioner on a case-by-case basis.
Pages above the 15-page fax limit incur a $3-per-page cost unless the Court or court commissioner approves an exception.
A cost of $3.00 per page above the limit will be assessed unless an exception has been approved by the Court or court commissioner on a case-by-case basis.
Civil cases
No filing fee is required for a document filed by facsimile.
(d) No filing fee is required for the filing of the document.
Civil cases
Page 1 | Rule 1: Filing, Assignment, & Scheduling
Sealing & Redaction Procedures
Documents containing material designated confidential must be filed under temporary seal by the filing party.
(6) To the extent that any documents filed or to be filed with the Court contain material designated as confidential, these documents, or any portion thereof, must be filed under temporary seal by the filing party with the Clerk of Circuit Court as follows:
Page 1 | Rule 1.7 Restricted Access to Filings and Filing Papers Under Seal
A protective-order confidentiality designation alone does not justify filing under seal; the party seeking to withhold the document must file a motion to seal.
(8) The designation of a paper as confidential under the terms of a protective order is not sufficient to establish the basis for filing that document under seal. The party seeking to withhold the document from the public record must file a motion to seal in accordance with this rule.
Page 1 | Rule 1.7 Restricted Access to Filings and Filing Papers Under Seal
A motion to restrict access or seal must be supported by sufficient facts showing good cause to withhold the material from the public record.
(3) Any motion to restrict access or seal must be supported by sufficient facts demonstrating good cause for withholding the document or material from the public record.
Page 1 | Rule 1.7 Restricted Access to Filings and Filing Papers Under Seal
A filing is public unless accompanied at filing by a separate motion to restrict access or seal it; no motion is necessary for material already protected by statute or local rule.
The Court will consider any document or material filed with the Court to be public unless, at the time of filing, it is accompanied by a separate motion requesting that: (a) access to the document be restricted to the Court and counsel for the parties; or (b) that the document or material, or portions thereof, be sealed by the Court under Wis. Stat. §801.21. No motion is necessary to seal or restrict a document or material otherwise protected from disclosure under Wis. Stat. §801.19, or other statute or local rule.
Page 1 | Rule 1.7 Restricted Access to Filings and Filing Papers Under Seal
A party filing material claimed confidential must include either a motion to seal or an objection and a statement that the objection was provided to the person claiming confidentiality.
(7) Any party filing material claimed to be confidential under subsection (6) must include with that filing either: (1) a motion to seal the material pursuant to this rule; or (2) an objection to the designation of the material as confidential and a statement that the objection to the designation has been provided to the person claiming confidentiality.
Page 1 | Rule 1.7 Restricted Access to Filings and Filing Papers Under Seal
The motion to restrict or seal must be publicly filed and describe the general nature of the withheld information; the Clerk temporarily seals the material unless the Court orders otherwise.
(2) The separate motion to restrict or seal must be publicly filed and must describe the general nature of the information withheld from the public record. The Clerk of Circuit Court will file the document or material under temporary seal unless otherwise ordered by the Court.
Page 1 | Rule 1.7 Restricted Access to Filings and Filing Papers Under Seal
E-filers submitting confidential documents must check the “Seal” box in the e-filing system.
EFilers: When submitting the document(s) via the eFiling system, the filer must check the “Seal” check box.
Page 1 | Rule 1.7 Restricted Access to Filings and Filing Papers Under Seal
An e-filer submitting sealed material must check the “Seal” box in the e-filing system.
eFilers: When submitting the document(s) via the eFiling system, the filer must check the “Seal” check box.
A protective-order confidentiality designation alone does not justify sealing; the party must file a motion to seal under the rule.
The designation of a paper as confidential under the terms of a protective order is not sufficient to establish the basis for filing that document under seal. The party seeking to withhold the document from the public record must file a motion to seal in accordance with this rule.
Filed material is public unless accompanied at filing by a separate motion to restrict access or seal it, except material already protected by statute or local rule needs no motion.
The Court will consider any document or material filed with the Court to be public unless, at the time of filing, it is accompanied by a separate motion requesting that: (a) access to the document be restricted to the Court and counsel for the parties; or (b) that the document or material, or portions thereof, be sealed by the Court under Wis. Stat. §801.21. No motion is necessary to seal or restrict a document or material otherwise protected from disclosure under Wis. Stat. §801.19, or other statute or local rule.
The motion to restrict or seal must be publicly filed and describe the withheld information generally; the material is temporarily sealed unless the court orders otherwise.
The separate motion to restrict or seal must be publicly filed and must describe the general nature of the information withheld from the public record. The Register in Probate will file the document or material under temporary seal unless otherwise ordered by the Court.
A motion to restrict access or seal must include facts sufficient to show good cause for withholding the material from the public.
Any motion to restrict access or seal must be supported by sufficient facts demonstrating good cause for withholding the document or material from the public record.
A party filing material claimed confidential must include a sealing motion or an objection and notice to the designating person; that person may move to seal within 21 calendar days after the objection.
Any party filing material claimed to be confidential must include with the filing either: (a) a motion to seal the material pursuant to this rule; or (b) an objection to the designation of the material as confidential and a statement that the objection to the designation has been provided to the person claiming confidentiality. If such an objection is made, the person having designated the material as confidential may file a motion to seal under this rule within 21 calendar days of the objection.
Self-represented paper filers must submit sealed documents in an envelope marked “SEALED.”
Pro Se Paper Filers: Document(s) must be filed with the Register in Probate’s office in an envelope marked “SEALED”.
The motion to restrict or seal must be publicly filed and describe the withheld information generally; the Clerk temporarily seals the underlying material unless the Court orders otherwise.
The separate motion to restrict or seal must be publicly filed and must describe the general nature of the information withheld from the public record. The Clerk of Circuit Court will file the document or material under temporary seal unless otherwise ordered by the Court.
Civil cases
A guardian ad litem must comply with the sealing rule and avoid placing confidential financial or personal information in the public record.
The guardian ad litem must comply with Civ. L. R. 1.10(1) and avoid filing confidential financial or personal information in the public record.
Civil cases
E-filers submitting sealed documents must check the “Seal” box.
EFilers: When submitting the document(s) via the eFiling system, the filer must check the “Seal” check box.
Civil cases
A filing is public unless accompanied at filing by a separate motion seeking restricted access or sealing, subject to the stated statutory exceptions.
The Court will consider any document or material filed with the Court to be public unless, at the time of filing, it is accompanied by a separate motion requesting that: (a) access to the document be restricted to the Court and counsel for the parties; or (b) that the document or material, or portions thereof, be sealed by the Court under Wis. Stat. §801.21.
Civil cases
Discovery materials containing designated confidential material must be filed under temporary seal with the Clerk.
To the extent that any answers to interrogatories, transcripts of depositions, responses to requests for admissions, or any other documents filed or to be filed with the Court contain material designated as confidential, these documents, or any portion thereof, must be filed under temporary seal by the filing party with the Clerk of Circuit Court as follows:
Civil cases
A motion to restrict or seal must be supported by sufficient facts showing good cause.
Any motion to restrict access or seal must be supported by sufficient facts demonstrating good cause for withholding the document or material from the public record.
Civil cases
A protective-order confidentiality designation alone is insufficient; a party seeking to withhold a document must file a motion to seal.
The designation of a paper as confidential under the terms of a protective order is not sufficient to establish the basis for filing that document under seal. The party seeking to withhold the document from the public record must file a motion to seal in accordance with this rule.
Civil cases
Documents submitted under seal remain temporarily sealed until the Court rules on the motion or orders otherwise.
All documents submitted under seal will remain under temporary seal until the Court rules on the motion or otherwise ordered by the Court.
Page 1 | Rule 1.7 Restricted Access to Filings and Filing Papers Under Seal
Pre-Motion Conference Requirements
Discovery motions to compel or for additional interrogatories must include an affidavit documenting unsuccessful consultation and the consultation's date, place, and participants.
All motions to compel discovery or production of documents pursuant to Wis. Stats. §804, or any motion to serve additional interrogatories pursuant to Rule 3.3 must be accompanied by an affidavit by the movant that, after consultation in person or by telephone with the opposing party and sincere attempts to resolve their differences, the parties are unable to reach an accord. The statement shall recite, in addition, the date and place of such consultation and the names of all parties participating therein.
A discovery motion to compel or for a protective order must be preceded by a good-faith effort to confer with the opposing party.
All motions to compel discovery or for a protective order precluding or limiting discovery must be accompanied by an affidavit by the movant certifying that, after the movant in good faith has conferred or attempted to confer with the opposing party to resolve the discovery dispute without court action, the parties are unable to reach an accord.
Civil cases
A party seeking additional interrogatories should promptly consult the other party and attempt to agree in writing on a reasonable number.
If a party believes that additional interrogatories are necessary, he or she should promptly consult with the party to whom the additional interrogatories would be propounded and attempt to reach a written stipulation as to a reasonable number of additional interrogatories.
Adjournment & Extension Requirements
Only the assigned judge or a court commissioner may adjourn a scheduled hearing.
A scheduled hearing may be adjourned only by the assigned judge or court commissioner.
Civil cases
Page 1 | Rule 1: Filing, Assignment, & Scheduling
Absent exigent circumstances, any request for an adjournment must be made in writing, specify the reason for such request, and confirm service on all parties. The requestor should attempt to confer with all other parties and provide notice to the Court of the parties position to the request.
Absent exigent circumstances, any request for an adjournment must be made in writing, specify the reason for such request, and confirm service on all parties. The requestor should attempt to confer with all other parties and provide notice to the Court of the parties position to the request.
Civil cases
Page 1 | Rule 1: Filing, Assignment, & Scheduling
Jury-trial adjournments will be granted only for cause.
No adjournments will be granted except for cause;
A petition for extension must be filed at least 30 days before the order expires.
Must be filed at least 30 days prior to the date the order expires.
Adjournment requests must be submitted to the Court in writing with a copy to all parties, and objections must also be written.
An adjournment request must be in writing to the court with a copy all parties. Any objection to the adjournment request must be in writing.
An adjournment request does not change the scheduled proceeding unless the Court grants it; parties must await the Court’s final decision before cancelling witnesses or leaving the scheduled date.
A written request for an adjournment does not adjourn the proceeding. Only the court has the authority to grant an adjournment request and all parties must wait for the final decision from the court before cancelling witnesses or being excused from the scheduled court date.
A request to cancel a jury trial must be made at least 48 hours before the jury date.
Requests for cancellation must be made 48 hours prior to jury date;
Before seeking a hearing adjournment, the requesting person must contact the other parties or their attorneys to determine their position, and the request must report whether the parties and any alleged victims join, stipulate, or object; noncompliance may result in summary denial.
Before requesting an adjournment of a hearing, the person seeking the adjournment must contact every other party to the case, or if represented, the party’s attorney, and determine if there is any objection to the request. The motion or letter requesting the adjournment must inform the Court whether the other party(ies) (as well as the alleged victim(s), if any) join in or stipulate to the requested adjournment or if one or more parties object to the request. Failure to comply with this rule may result in the Court summarily denying the request.
Page 1 | Rule 2.5 Adjournment of a Hearing
When an interpreter has been requested, the parties must notify the Court within seven calendar days of the hearing or trial if they seek an adjournment or cancellation.
(2) If an interpreter is requested for a hearing or trial, the parties to the case must notify the Court within seven (7) calendar days of the hearing or trial if there is a request to adjourn or cancel the hearing or trial.
Page 1 | Rule 1.8 Interpreters
A trial adjournment request must be written, comply with Rule 2.5, and state specific reasons.
A request for an adjournment of a trial must be in writing and comply with Crim. L. R. 2.5, and must set forth specific reasons for the request.
Page 1 | Rule 3.1 Adjournment
When an interpreter has been requested, parties must notify the court at least three business days before a hearing if they seek to adjourn or cancel it.
If an interpreter has been requested for a hearing, the parties to the case must notify the Court at least three (3) business days prior to the hearing if there is a request to adjourn or cancel the hearing.
After the first five days, an adjournment requester must contact each party or represented party’s attorney to determine objections and state the parties’ positions in the request; noncompliance may result in summary denial.
After five days have expired, the person seeking the adjournment of a hearing scheduled before the Judge or Court Commissioner, must first contact each party to the case, or if represented, the party’s attorney, and determine if there is any objection to the request. The motion or letter requesting the adjournment must inform the Court whether the other party(ies) join in or stipulate to the requested adjournment or if one or more parties object to the request. Failure to comply with this rule may result in the Court summarily denying the request.
If an estate cannot close within the rule’s time limits, the party must file a verified extension petition stating its grounds together with a proposed order.
When an estate cannot be closed within the Local Rule time limits, a verified petition requesting an extension of time to close the estate and the grounds for the extension must be filed with the Court along with a proposed order for an extension.
When an interpreter is requested for a court or jury trial, parties must notify the court at least seven calendar days before trial if they seek to adjourn or cancel it.
If an interpreter is requested for a court or jury trial, the parties to the case must notify the Court at least seven (7) calendar days prior to the trial if there is a request to adjourn or cancel the trial.
A one-month inventory extension requires a verified petition and proposed order; longer extensions are considered case by case.
A one (1) month extension to file an inventory shall be granted only upon the filing of a verified petition requesting the extension of time along with a proposed order. Any longer extension will be considered on a case-by-case basis.
A request to reschedule a Register in Probate hearing must be submitted in writing at least 48 hours beforehand; if granted, the requester must notify all parties.
Requests to reschedule hearings before the Register in Probate will be considered if submitted, in writing, to the Register in Probate’s office at least forty-eight (48) hours prior to the scheduled hearing. If the adjournment is granted, the party requesting the adjournment must notify all parties of the adjournment.
If an interpreter was requested for a hearing, the parties must notify the Court of a request to adjourn or cancel within three business days of the hearing.
If an interpreter is requested for a hearing, the parties to the case must notify the Court within three (3) business days of the hearing if there is a request to adjourn or cancel the hearing because, among other things, the case resolved.
Civil cases
Before seeking a hearing adjournment, the requester must contact every other party or counsel and report whether they join, stipulate, or object.
Before requesting an adjournment of a hearing, the person seeking the adjournment must contact every other party to the case, or if represented, the party’s attorney, and determine if there is any objection to the request. The motion or letter requesting the adjournment must inform the Court whether the other party(ies) join in or stipulate to the requested adjournment or if one or more parties object to the request.
Civil cases
If an interpreter was requested for a court or jury trial, the parties must notify the Court of a request to adjourn or cancel within seven calendar days of trial.
If an interpreter is requested for a court or jury trial, the parties to the case must notify the Court within seven (7) calendar days of the trial if there is a request to adjourn or cancel the trial.
Civil cases
A trial-adjournment request must be written, comply with Rule 3.5, and state specific reasons.
A request for an adjournment of a trial must be in writing and comply with Civ. L. R. 3.5, and must set forth specific reasons for the request.
Civil cases
The listed circumstances ordinarily qualify for one six-month estate-closing extension without notice or waivers upon filing the required petition.
The following reasons ordinarily will qualify for a single six (6) month extension of time to close the estate, without notice or waivers, upon the filing of the required petition:
Chambers Communication Rules
If an interpreter is requested for any hearing, the parties to the case must notify the Court within ten (10) business days of the trial if there is a request to adjourn or cancel the trial.
If an interpreter is requested for any hearing, the parties to the case must notify the Court within ten (10) business days of the trial if there is a request to adjourn or cancel the trial.
Civil cases
Page 1 | Rule 1: Filing, Assignment, & Scheduling
The filing party must advise the Court in writing whether the other parties approve the document or whether it is filed under the 11-day rule.
A party filing a proposed order, findings or similar document must serve all parties with the document and advise the Court in writing whether the other parties approve the document or that it is filed under the 11-day rule contained herein.
Civil cases
Page 1 | Rule 9: Submission of Orders and Judgments
(2) If an interpreter is requested for a hearing, the parties to the case must notify the Court within ten (10) business days of the hearing if there is a request to adjourn or cancel the hearing because, among other things, the case resolved.
(2) If an interpreter is requested for a hearing, the parties to the case must notify the Court within ten (10) business days of the hearing if there is a request to adjourn or cancel the hearing because, among other things, the case resolved.
Civil cases
Page 1 | Rule 1: Filing, Assignment, & Scheduling
The social worker or petitioner must notify the Court before the case is called if anyone will appear by Zoom.
The social worker, or the petitioner, must notify the Court before the case is called if someone will be appearing by Zoom.
Communications with the Court must be written, provided to all parties, and identify the parties or counsel copied.
Any communication with the Court must be in writing, provided to all parties, and clearly identify the names of the parties or counsel copied on the communication.
If the child was born in another state, call the Court before filing to obtain that state’s fee schedule.
If child was born in another state, please call the Court prior to filing to obtain the correct fee schedule for that state.
Requests to record a scheduled hearing must be directed to the Court and comply with the Clerk’s media policy.
Media requests to record a scheduled hearing must be directed to the Court and must comply with the Clerk of Circuit Court’s media policy.
Page 1 | Rule 1.6 Media
Communications with the Court must be written, provided to all parties, and identify the parties or counsel copied.
Any communication with the Court must be in writing, provided to all parties, and clearly identify the names of the parties or counsel copied on the communication.
Page 1 | Rule 1.1 Communication with the Court
The filing party must contact Waukesha Mediations and schedule mediation with the adverse parties within 10 calendar days after receiving the hearing notice.
Within ten (10) calendar days of receiving the Notice of Hearing from the Clerk of Circuit Court, the party filing the case must contact Waukesha Mediations and schedule mediation with the adverse party(ies).
Civil cases
Communications with the Court must be written, provided to all parties, and identify the parties or counsel copied.
Any communication with the Court must be in writing, provided to all parties, and clearly identify the names of the parties or counsel copied on the communication.
Civil cases
Requests to record a scheduled hearing must be directed to the Court and comply with the Clerk’s media policy.
Media requests to record a scheduled hearing must be directed to the Court and must comply with the Clerk of Circuit Court’s media policy.
Civil cases
The filer must advise the Court in writing whether the proposed submission is approved or filed under the 11-day rule.
A party filing a proposed order, findings or similar document must serve all parties with the document and advise the Court in writing whether the other parties approve the document or that it is filed under the 11-day rule contained herein.
Civil cases
An attorney seeking inclusion on the GAL appointment list must contact the Clerk of Courts Office for the current agreements and submit all required paperwork.
Any attorney who wishes to be included on this list must contact the Clerk of Courts Office to obtain the most current Waukesha County Circuit Courts Court Appointed Counsel Agreement and Compensation Agreement and submit all the required paperwork to be added to the list of attorneys.
Civil cases
Page 1 | Rule 7: Guardian Ad Litem
Requests for detention or further review hearings may be made by telephone or in writing.
Anyone requesting a detention hearing or a further review hearing must request the hearing telephonically or in writing no later than 10:00 a.m. on the date of the hearing.
The moving party is responsible for scheduling bail motions through the appropriate calendar clerk.
Scheduling bail motions is the responsibility of the moving party and done through the appropriate calendar clerk.
Page 1 | Rule 5.1 Bail Motions
Communications with the court must be written, provided to all parties, and identify the parties or counsel copied.
Any communication with the Court must be in writing, provided to all parties, and clearly identify the names of the parties or counsel copied on the communication.
Requests to record a scheduled hearing must be directed to the court and comply with the Clerk of Circuit Court’s Media Request Policy.
Media requests to record a scheduled hearing must be directed to the Court and must comply with the Clerk of Circuit Court’s Media Request Policy.
Unrepresented parents in JIPS or CHIPS proceedings may view the Court Report at the Juvenile Court Clerk’s Office before the dispositional hearing.
Unrepresented parents in JIPS/CHIPS proceedings may view the Court Report in the Juvenile Court Clerk's Office prior to the scheduled dispositional hearing.
Zoom information may be provided without Court approval.
Zoom information may be provided without Court approval.
Policy questions about payment of monetary penalties or other monetary conditions should be submitted in writing to the Business Manager of Circuit Courts.
Policy questions or issues related to the payment for all monetary penalties and other monetary conditions of a sentence or disposition should be submitted in writing to the Business Manager of Circuit Courts.
Page 1 | Rule 11.5 Policy Questions & Interpretations